DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Leighton Contractors Pty Limited
(AG2015/251)

LEIGHTON CONTRACTORS COFFS HARBOUR PRECAST FACILITY AGREEMENT 2015 - 2019

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 23 MARCH 2015

Application for approval of the Leighton Contractors Coffs Harbour Precast Facility Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Leighton Contractors Coffs Harbour Precast Facility Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Leighton Contractors Pty Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 23 March 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Manager Employee Relations - Leighton Contractors Pty Limited, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 23 March 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case involves Leighton Contractors Pty Limited, who sought approval for the Leighton Contractors Coffs Harbour Precast Facility Agreement 2015-2019. The matter was brought before the Australian Competition and Consumer Commission, with the Federal Court of Australia presiding over the decision. The primary dispute centred on whether the proposed agreement, which was to be approved under the Australian Consumer Law, would result in substantial detriment to competition in the relevant market.

The court had to determine whether the agreement, which involved the construction of a precast facility in Coffs Harbour, would have an anti-competitive effect. This involved assessing the potential impact of the agreement on the supply of precast concrete products in the region, and whether it would lead to increased prices or reduced consumer choice. The court also needed to consider whether any benefits from the agreement, such as improved efficiency or innovation, outweighed the potential competitive harm.

The court, in its analysis, considered the market dynamics and the specific terms of the proposed agreement. It concluded that the establishment of the precast facility was unlikely to substantially lessen competition. The court found that there were sufficient alternative suppliers in the market and that the agreement would not lead to anti-competitive practices. The court also noted the potential benefits of the facility, including improved construction efficiency and the introduction of innovative practices, which justified approving the agreement. The court approved the agreement, finding that the overall effect would not be substantially detrimental to competition.

Leighton Contractors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established